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Thread: Copyright Law is Unenforceable Online

  1. #1

    Copyright Law is Unenforceable Online

    VoxMediaUser604384

    First, I think that copyright is not completely unenforceable online. Quite the opposite, the MPAA and RIAA and many porn companies have used online copyright enforcement as a business model for some time now. The Pirate Bay is also an example of enforcement: the kids went to jail and TPB is a shell of what it used to be. Look at the ridiculous speed with which Usenet postings og ©‘d material are DMCA’d. Look at Jamie Thomas-Rassen (sp?). By all accounts, online piracy of music is at a 10 year low right now.
    Though, as you say, the DMCA is not perfect, it has been used to enforce copyright pretty effectively, and in some cases over-zealously. Take for example Buffy vs Edward. A “mashup” created by a community college teacher to contrast the way the two movies treat women. The video was cited by the US copyright office/library of congress as a perfect example of fair use/parody etc. Yet it was taken down under the DMCA:
    http://www.rebelliouspixels.com/2013...d-by-lionsgate
    That’s not unenforceability, that’s overeffectiveness.
    In the future, though? I see more systems like Steam: Consumption systems that both enforce the copyrights of the rightsholders while still enabling a better experience and adding value for the end user.If you look at the systems that have failed: SecuROM, Sony’s CD rootkits, Origin and GFWL etc, they all do the first without the second. Same with iTunes. They provide a value proposition to the end user that eclipses the negatives of being tied by DRM.

  2. #2
    Like most things in this country, I highly doubt we will ever see anything substantive that will become from copyright law due to the amount of money that is spent in DC by the people/corporations that want every last dime possible and will go to any length to sue, threaten & deceive the public for even more $$$

  3. #3
    The Copy[rite] Act of 1790 was a HOAX and was the first use of the misspelling of [sic] “copyright” in law anywhere on earth. The term had been used in Blackstone’s Commentaries on English law: Book Two in Chapter 26 prior to this in 1767 with footnotes ##(36, 37) referring to prior uses as “copy-right”.
    Noah Webster wished American English to be a new simpler language and sought adoption of new simpler spellings for color/“colour” and tung/“tongue” as well as authoring the the “Copy[rite] Act of 1790” in order to cause early colonial school text to be printed locally and be standardized rather than being imported by wealthy columnists. The “Copy[rite] Act of 1790” was nearly a verbatim copy of the Statute of Anne from 1710 but did not protect the rights of anyone. The Engravers Act of 1734,5 already recognized the original engraver’s right to exclusively control prints made from engravings much like the Visual Artists Rights Act attempted to patch into the unconstitutional HOAX in 1990. The rite for controlling printing of books by publishers was thereby referred to as a “right”. The ONLY time the 1990 VARA has been used for photographs it was held that moral copy[rite], 47 §106A excludes “online”.

    Neeley v NameMedia Inc et al,(5:09-cv-5151) The relevant order was Dkt. #267

  4. #4
    You misunderstand what the ‘DMCA shield’ is, the DMCA doesn’t shield copyright holders, the DMCA shields Google, Youtube, Vimeo, etc.
    The system of takedown requests isn’t expected to work with Pirate Bay, it’s expected to allow legally responsible firms a way of hosting user supplied content without getting sued for copyright violation.

  5. #5
    You misunderstand what the ‘DMCA shield’ is, the DMCA doesn’t shield copyright holders, the DMCA shields Google, Youtube, Vimeo, etc.
    The system of takedown requests isn’t expected to work with Pirate Bay, it’s expected to allow legally responsible firms a way of hosting user supplied content without getting sued for copyright violation.

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